Houses in Multiple Occupation - Use Class Change

• Posted by David Jones on 15th Apr ’10 at 10:23 UTC
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Circular 05/2010 Creates new Use Class for student lets and other forms of residential occupation

Changes to Planning Regulations for Dwelling Houses and Houses in Multiple Occupation.

Following publication of the Governments consultation draft on proposed changes to Use Classes order to address problems associated with houses in multiple occupation. (HMO) . The Government have now published circular 05/2010 Circular 05/2010 which brings into force on 6 April 2010 changes to the Use Classes order.

The principal change creates a new use class (C4) and a redefined Use Class (C3) These are defined as:

Use Class C3 has been split into three parts

• C3(a) those living together as a single household as defined by the Housing Act 2004 (basically a family)
• C3(b): those living together as a single household and receiving care (care in the community) and
• C3(c): those living together as a single household who do not fall within the C4 definition of a house in multiple occupation.

As with the previous Use Classes order, the occupancy limit for Use Class C3(b) and (c) remains at no more than six people. At first glance, Use Class C3(c) appears no different to the existing Use Class definition. However, the distinction is made that it only applies to those households which do not fall within Use Class C4.

This is where the thrust of the changes to the Use Classes order occurs.

Use Class C4: houses in multiple occupation (3-6 occupants) applies to dwelling houses occupied by between three and six unrelated individuals who share basic amenities (such as student lets). Small bedsits would also be classified as a C4 use, however a homeowner with up to two lodgers would not be classed as an HMO, and neither would a religious community whose main occupation is prayer, contemplation, education and the relief of suffering.

The revised legislation will have implications for ‘house sharing’. Whilst two unrelated professionals sharing a dwelling would not be classed as an HMO, three or more unrelated professional people sharing a single dwelling house will be treated as an HMO and thus require planning permission for change of use from use class C3 to C4.

David Jones head of Planning at Evans Jones LLP has monitored the introduction of this amendment to the Use Classes Order, and comments:

”Having read the consultation draft I was concerned that the extent of change to the Use Classes order could have been extended to include small care homes providing care in the community facilities. These are undoubtedly a valuable community facility providing essential care for those in need in an environment which as closely as possible resembles a normal family home. It would have been a sad retrograde step if controls had been extended to exclude the use of existing dwellings for the provision of care in the community facilities.

It remains to be seen how vigorously local authorities will enforce the regulations. As with most planning enforcement it is likely to be complaints driven, thus if tenants occupying a dwelling illegally as an HMO upset the neighbours then enforcement action could well follow.“

For further information in connection with planning matters generally, or the implication of the revised Use Classes, please contact David Jones on 01242 531411 ore-mail David Jones

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